Koprivica: No immunity for Prime Minister and Government members for criminal offences committed in office

The Government has decided to initiate the procedure to amend the Constitution in order to abolish immunity for the Prime Minister and Government members in cases of criminal offences committed in office. The Government unanimously accepted the proposal I submitted, on behalf of the National Council for the Fight against Corruption, together with a draft solution. Following its adoption, and pursuant to the Government’s conclusion, the proposal was forwarded by my Office to the European Commission for opinion.

Through this initiative, we seek to clearly convey that no one can be above the law and that holding public office entails full responsibility for every official decision taken, without exception.

This measure also fulfils a recommendation of Group of States against Corruption (GRECO) and represents an important step in the European integration process, given that the action plan for the implementation of GRECO recommendations constitutes one of the benchmarks under Chapter 23, which is of key importance for progress towards membership in the European Union and the closure of this negotiating chapter.

The proposed constitutional solution eliminating immunity for Government members will be one of the key systemic preconditions for preventing high-level corruption. It also sends a strong message of readiness to comply with the highest anti-corruption standards. Without firm systemic solutions, there can be no effective anti-corruption policy or rule of law.

Responsibility, as emphasized, is the foundation of trust. The message is clear: those who lead the country must be the first to be held accountable. The time of privilege has passed – the time of justice has begun.

Authority is not a shield from the law – it is an obligation before the law.

Public office must never again serve as a shelter, but rather as the first line of accountability.

During the mandate of the current Government, several systemic measures have been undertaken to strengthen anti-corruption safeguards, integrity, and oversight of persons holding the highest executive offices:

1. Amendments to the Decree on the Government (December 2023) – fully implementing one GRECO recommendation by introducing, for the first time, integrity checks prior to appointment to Government positions, conducted by the independent Agency for Prevention of Corruption and through criminal record verification.

2. Amendments to the Law on Civil Servants and State Employees – introducing restrictive eligibility criteria for the appointment of special advisers and heads of cabinet, along with integrity screening procedures, an area previously entirely unregulated. Persons convicted of offences rendering them unworthy of public office, those engaged in unlawful lobbying or illegal political donations, and those sanctioned for violations of the Law on Prevention of Corruption can no longer be appointed to such positions.

3. Adoption of the Draft Law on the Government – introducing integrity control prior to the election of Government members and establishing an Ethics Committee to monitor compliance with the Code of Ethics during the mandate and for two years after its termination.

4. Initiation of Constitutional amendments – aimed at abolishing immunity for the Prime Minister and Government members in cases of criminal offences against official duty.

In addition, the National Council for the Fight against Corruption has prepared a draft decision establishing a model for training and advising persons holding the highest executive offices regarding standards of legal and ethical integrity, in line with GRECO recommendations. This item will be placed on the Government’s agenda in the first half of March.

Integrity and the strictest standards, applicable to all without exception, are a prerequisite for the rule of law. By implementing these standards, a strong system is being built – one that will represent a public asset over time and a source of security for society.